District Of Columbia District Court
Judge:Beryl A Howell
Case #: 1:23-cv-00982
Nature of Suit893 Other Statutes - Environmental Matters
Cause16:1801 Fishery Conservation and Management Act (FCMA)
Case Filed:Apr 10, 2023
Last checked: Friday Oct 13, 2023 10:15 AM EDT
Defendant
JANET COIT
Represented By
Mark Arthur Brown, Sr.
U.S. Department Of Justice
contact info
Defendant
NATIONAL MARINE FISHERIES SERVICE
Represented By
Mark Arthur Brown, Sr.
U.S. Department Of Justice
contact info
Defendant
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Represented By
Mark Arthur Brown, Sr.
U.S. Department Of Justice
contact info
Defendant
GINA M. RAIMONDO
Represented By
Mark Arthur Brown, Sr.
U.S. Department Of Justice
contact info
Intervenor Defendant
AMERICAN SPORTFISHING ASSOCIATION
1001 N Fairfax St Suite 501
Alexandria, VA 22314
Represented By
Jeffrey Richardson
Adams & Reese
contact info
Joshua Counts Cumby
Adams And Reese LLP
contact info
Plaintiff
NATURAL RESOURCES DEFENSE COUNCIL, INC.
Represented By
Kimberly Elizabeth Leefatt
contact info
Molly Masterton
Natural Resources Defense Council
contact info
Katherine K. Desormeau
Natural Resources Defense Council
contact info


Docket last updated: 04/26/2024 11:59 PM EDT
Friday, April 26, 2024
36 36 notice Notice (Other) Fri 04/26 3:43 PM
NOTICE (Notice of Filing Final Rule Regarding 2024 Recreational Measures) by JANET COIT, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, GINA M. RAIMONDO(Brown, Mark)
Related: [-]
Att: 1 Exhibit Ex. 1-Final Rule Regarding 2024 Recreational Measures
Friday, March 01, 2024
35 35 misc Joint Appendix Fri 03/01 8:49 PM
JOINT APPENDIX by NATURAL RESOURCES DEFENSE COUNCIL, INC..(Leefatt, Kimberly)
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Att: 1 Appendix Volume 1,
Att: 2 Appendix Volume 2
Friday, February 16, 2024
34 34 respm Reply to opposition to motion Fri 02/16 3:10 PM
REPLY to opposition to motion re30 MOTION for Summary Judgment filed by JANET COIT, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, GINA M. RAIMONDO. (Brown, Mark)
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33 33 respm Reply to opposition to motion Fri 02/16 2:42 PM
REPLY to opposition to motion re27 Cross MOTION for Summary Judgment filed by AMERICAN SPORTFISHING ASSOCIATION. (Richardson, Jeffrey)
Related: [-]
Wednesday, January 24, 2024
32 32 respm Reply to opposition to motion Wed 01/24 9:42 PM
REPLY to opposition to motion re25 MOTION for Summary Judgment filed by NATURAL RESOURCES DEFENSE COUNCIL, INC.. (Leefatt, Kimberly)
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31 31 30+ pgs respm Memorandum in opposition to motion Wed 01/24 9:35 PM
Memorandum in opposition to re30 Motion for Summary Judgment,27 Motion for Summary Judgment filed by NATURAL RESOURCES DEFENSE COUNCIL, INC.. (Leefatt, Kimberly)
Related: [-]
Wednesday, December 20, 2023
30 30 motion Summary Judgment Wed 12/20 7:50 PM
MOTION for Summary Judgment by JANET COIT, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, GINA M. RAIMONDO.(Brown, Mark)
Related: [-]
Att: 1 Memorandum in Support,
Att: 2 Text of Proposed Order
29 29 respm Response to motion Wed 12/20 7:33 PM
RESPONSE re25 MOTION for Summary Judgment filed by JANET COIT, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, GINA M. RAIMONDO. (Brown, Mark)
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28 28 22 pgs respm Memorandum in opposition to motion Wed 12/20 3:20 PM
Memorandum in opposition to re25 Motion for Summary Judgment, filed by AMERICAN SPORTFISHING ASSOCIATION. (Richardson, Jeffrey)
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27 27 motion Summary Judgment Wed 12/20 3:18 PM
Cross MOTION for Summary Judgment by AMERICAN SPORTFISHING ASSOCIATION.(Richardson, Jeffrey)
Related: [-]
Att: 1 Memorandum in Support,
Att: 2 Text of Proposed Order
Friday, December 08, 2023
utility Set/Reset Deadlines Fri 12/08 8:20 AM
Set/Reset Deadlines: Federal Defendants And Intervenor Cross-Motions For Summary Judgment, Combined With Any Opposition To Plaintiff's Motion For Summary Judgment due by 12/20/2023. Plaintiff Combined Opposition And Reply Memorandum due by 1/24/2024. Federal Defendants And Intervenor Reply Memoranda due by 2/16/2024. (mac)
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Thursday, December 07, 2023
order Order on Motion for Extension of Time to Thu 12/07 6:12 PM
MINUTE ORDER (paperless) GRANTING the parties'26 Joint Motion to Amend Scheduling Order and Extend the Briefing Schedule, and MODIFYING the SCHEDULING ORDER issued on August 22, 2023, as follows: ???1. By December 20, 2023, federal defendants and intervenor shall file any cross-motions for summary judgment, combined with any opposition to plaintiff's motion for summary judgment; ???2. By January 24, 2024, plaintiff shall file any combined opposition and reply memorandum; and ???3. By February 16, 2024, federal defendants and intervenor shall file any reply memoranda. Signed by Judge Beryl A. Howell on December 7, 2023. (lcbah1)
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Wednesday, December 06, 2023
26 26 motion Extension of Time to Wed 12/06 6:22 PM
Joint MOTION for Extension of Time to Briefing Schedule by NATURAL RESOURCES DEFENSE COUNCIL, INC..(Leefatt, Kimberly)
Related: [-]
Att: 1 Text of Proposed Order
Wednesday, November 15, 2023
25 25 motion Summary Judgment Wed 11/15 9:33 PM
MOTION for Summary Judgment by NATURAL RESOURCES DEFENSE COUNCIL, INC..(Leefatt, Kimberly)
Related: [-]
Att: 1 Memorandum in Support,
Att: 2 Index of Exhibits,
Att: 3 Exhibit Declaration of Carl Safina,
Att: 4 Exhibit Declaration of Charles Witek,
Att: 5 Exhibit Declaration of Gina Trujillo,
Att: 6 Text of Proposed Order
Friday, September 29, 2023
24 24 misc Administrative Record Fri 09/29 8:08 AM
ADMINISTRATIVE RECORD (Federal Defendants' Notice of Filing Certified List of Contents of Administrative Record - Supplement) by JANET COIT, NATIONAL MARINE FISHERIES SERVICE, GINA M. RAIMONDO.(Brown, Mark)
Related: [-]
Att: 1 Exhibit Ex. 1-Certified Index
23 23 answer Answer to Amended Complaint Fri 09/29 8:03 AM
ANSWER to22 Amended Complaint by JANET COIT, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, GINA M. RAIMONDO.(Brown, Mark)
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Tuesday, August 29, 2023
22 22 cmp Amended Complaint Wed 08/30 10:05 AM
AMENDED COMPLAINT against AMERICAN SPORTFISHING ASSOCIATION, JANET COIT, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, GINA M. RAIMONDO filed by NATURAL RESOURCES DEFENSE COUNCIL, INC..(zed)
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order Order on Motion to Amend/Correct Tue 08/29 5:11 PM
MINUTE ORDER (paperless) GRANTING plaintiff's21 Unopposed Motion to Amend/Correct Complaint, and DIRECTING the Clerk of the Court to docket the plaintiff's Amended Complaint, ECF No. 21-2. Signed by Judge Beryl A. Howell on August 29, 2023. (lcbah1)
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Monday, August 28, 2023
21 21 motion Amend/Correct Mon 08/28 10:45 PM
Unopposed MOTION to Amend/Correct Complaint by NATURAL RESOURCES DEFENSE COUNCIL, INC..(Leefatt, Kimberly)
Related: [-]
Att: 1 Text of Proposed Order,
Att: 2 Exhibit Final Supplemented Complaint,
Att: 3 Exhibit Final Supplemented Complaint with Track Changes
Wednesday, August 23, 2023
utility Set/Reset Deadlines Wed 08/23 8:36 AM
Set/Reset Deadlines: Plaintiff Motion To Amend The1 Complaint due by 8/28/2023. Federal Defendants Answer Or Otherwise Response To Amended Complaint due by 9/29/2023. Plaintiff Motion To Complete Or Supplement The Administrative Record due by 10/25/2023 Plaintiff Motion For Summary Judgment due by 11/15/2023. Federal Defendants And Intervenor Cross-Motions For Summary Judgment, Combined With Any Opposition To Plaintiff's Motion For Summary Judgment due by 12/13/2023. Plaintiff Combined Opposition And Reply Memorandum due by 1/10/2024. Federal Defendants And Intervenor Reply due by 2/7/2024. (mac)
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Tuesday, August 22, 2023
order .Order Tue 08/22 10:36 AM
MINUTE ORDER (paperless) ISSUING, upon consideration of the parties'20 Joint Status Report, the following SCHEDULING ORDER: (1) By August 28, 2023, plaintiff will file any motion to amend the1 Complaint; (2) By September 29, 2023, federal defendants will file any answer or otherwise respond to any amended complaint, and produce the administrative record for the 2023 Recreational Management Measures; (3) By October 25, 2023, plaintiff will file any motion to complete or supplement the administrative record; (4) If plaintiff's motion to supplement the administrative record is unopposed and if no such motion is filed-- a. By November 15, 2023, plaintiff shall file any motion for summary judgment; b. By December 13, 2023, federal defendants and intervenor shall file any cross-motions for summary judgment, combined with any opposition to plaintiff's motion for summary judgment; c. By January 10, 2024, plaintiff shall file any combined opposition and reply memorandum; and d. By February 7, 2024, federal defendants and intervenor shall file any reply memoranda; (5) If plaintiff seeks to complete or supplement the administrative record, the foregoing summary judgment briefing deadlines shall not apply and the parties shall file a joint status report proposing an amended schedule to govern further proceedings within 7 days of the Court's resolution of the record dispute. Signed by Judge Beryl A. Howell on August 22, 2023. (lcbah1)
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Friday, August 18, 2023
20 20 misc Status Report Fri 08/18 5:41 PM
Joint STATUS REPORT by NATURAL RESOURCES DEFENSE COUNCIL, INC..(Leefatt, Kimberly)
Related: [-]
Att: 1 Text of Proposed Order
Friday, July 28, 2023
19 19 notice Notice of Appearance Fri 07/28 11:46 AM
NOTICE of Appearance by Jeffrey Richardson on behalf of AMERICAN SPORTFISHING ASSOCIATION (Richardson, Jeffrey)
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Thursday, July 27, 2023
order Order on Motion to Intervene Thu 07/27 5:19 PM
MINUTE ORDER (paperless) GRANTING proposed intervenor American Sportfishing Association's15 Unopposed Motion to Intervene as a Defendant. "On timely motion, the court must permit anyone to intervene who...claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest." Fed. R. Civ. P. 24(a)(2). A party's right to intervene under this rule depends on four factors: "(1) the timeliness of the motion; (2) whether the applicant claims an interest relating to the property or transaction which is the subject of the action; (3) whether the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest; and (4) whether the applicant's interest is adequately represented by existing parties." Fund for Animals, Inc. v. Norton , 322 F.3d 728, 731 (D.C. Cir. 2003) (cleaned up). Here, all four factors favor the intervention of the American Sportfishing Association ("ASA"). First, on timeliness, the federal defendants have only recently filed their answer in late June, and a schedule to govern further proceedings will not be set until late August, as the parties wait for final action to be taken on the 2023 Recreational Management Measures proposed rule. See Minute Order (July 11, 2023). ASA's intervention will thus have no disruptive effect, as it has intervened in time to follow any briefing schedule that will later be imposed. Second and third, ASA has a cognizable interest that may be impaired because it represents recreational anglers who have a direct interest in their ability to fish for summer flounder, scup, and black sea bass, which they enjoy under the fishery management plan challenged here. Fourth and finally, ASA's interests are not adequately represented by any existing party. Plaintiff challenges the management plan, which ASA wishes to stand. The federal defendants may seek to uphold the plan, but they are not a fully suitable stand-in for the ASA because non-governmental entities, like ASA, have a "more narrow" interest, whereas the Government represents a broader public interest, even if there is "general agreement" between them. Fund for Animals , 322 F.3d at 737 (cleaned up); see also Natural Res. Def. Council v. Costle , 561 F.2d 904, 912 (D.C. Cir. 1977). Therefore, it is hereby ORDERED that ASA's motion is GRANTED. It is further ORDERED that ASA's motion, incorporated memorandum, and supporting affidavit, which together make clear ASA's position in this case, satisfy the requirements of Rule 24(c). See, e.g. , Mandan, Hidatsa & Arikara Nation v. U.S. Dep't of the Interior , No. 20-cv-1918 (ABJ), 2020 WL 12655958, at *3 (D.D.C. Aug. 27, 2020). It is further ORDERED that ASA will follow all deadlines set for the federal defendants in any scheduling orders, and endeavor in good faith to avoid duplicative briefing of arguments covered in the federal defendants' briefs. Signed by Judge Beryl A. Howell on July 27, 2023. (lcbah1)
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order Order on Motion for Leave to Appear Pro Hac Vice Thu 07/27 5:22 PM
MINUTE ORDER (paperless) GRANTING defendant American Sportfishing Association's16 Motion for Leave to Appear Pro Hac Vice . Jeffrey Edward Richardson may enter an appearance pro hac vice for the purpose of representing defendant in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) [LINK:Click for instructions] . Signed by Judge Beryl A. Howell on July 27, 2023. (lcap)
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Friday, July 14, 2023
18 18 respm Response to motion Fri 07/14 7:32 PM
RESPONSE re15 Unopposed MOTION to Intervene filed by American Sportfishing Association filed by NATURAL RESOURCES DEFENSE COUNCIL, INC..(Leefatt, Kimberly)
Related: [-]
Att: 1 Text of Proposed Order
Tuesday, July 11, 2023
order .Order Tue 07/11 4:43 PM
MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties'17 Joint Meet and Confer Statement, the parties to file a joint status report proposing a schedule to govern further proceedings by the sooner of (1) 14 days after National Marine Fisheries Service takes final action with respect to the 2023 Recreational Management Measures proposed rule, or (2) August 18, 2023. Signed by Judge Beryl A. Howell on July 11, 2023. (lcbah1)
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Friday, July 07, 2023
17 17 misc Status Report Fri 07/07 11:03 PM
First STATUS REPORT by NATURAL RESOURCES DEFENSE COUNCIL, INC..(Leefatt, Kimberly)
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Att: 1 Text of Proposed Order
Friday, June 30, 2023
16 16 motion Appear Pro Hac Vice Fri 06/30 3:56 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey Edward Richardson, Filing fee $ 100, receipt number ADCDC-10176629. Fee Status: Fee Paid. by AMERICAN SPORTFISHING ASSOCIATION.(Cumby, Joshua)
Related: [-]
Att: 1 Declaration Declaration of Jeffrey Edwards Richardson in Support of Motion for Admission Pro Hac Vice,
Att: 2 Exhibit Certificate of Good Standing
15 15 motion Intervene Fri 06/30 3:48 PM
Unopposed MOTION to Intervene by AMERICAN SPORTFISHING ASSOCIATION.(Cumby, Joshua)
Related: [-]
Att: 1 Exhibit A (Declaration of Glenn Hughes In Support of American Sportfishing Associations Motion to Intervene as a Defendant)
Friday, June 23, 2023
14 14 misc Administrative Record Fri 06/23 8:57 AM
ADMINISTRATIVE RECORD (Notice of Filing Certified List of Contents of Administrative Record) by JANET COIT, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, GINA M. RAIMONDO.(Brown, Mark)
Related: [-]
Att: 1 Exhibit (Certified List of Contents of Administrative Record)
13 13 answer Answer to Complaint Fri 06/23 8:51 AM
ANSWER to Complaint by JANET COIT, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, GINA M. RAIMONDO.(Brown, Mark)
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Friday, June 09, 2023
12 12 notice Notice of Appearance Fri 06/09 2:28 PM
NOTICE of Appearance by Molly Masterton on behalf of NATURAL RESOURCES DEFENSE COUNCIL, INC. (Masterton, Molly)
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Monday, May 22, 2023
11 11 service Summons Returned Executed as to Federal Defendant Mon 06/05 11:10 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JANET COIT served on 4/15/2023; NATIONAL MARINE FISHERIES SERVICE served on 4/15/2023; NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 4/17/2023; GINA M. RAIMONDO served on 4/17/2023. (See Docket Entry10 to view document). (zed)
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10 10 service Summons Returned Executed as to Federal Defendant Summons Returned Executed as to US Attorney Summons Returned Executed as to U.S. Attorney General Mon 05/22 6:10 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATURAL RESOURCES DEFENSE COUNCIL, INC. served on 4/18/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/18/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 6/17/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/18/2023.(Leefatt, Kimberly)
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Att: 1 Exhibit,
Att: 2 Exhibit,
Att: 3 Exhibit,
Att: 4 Exhibit,
Att: 5 Exhibit,
Att: 6 Exhibit
9 9 notice Notice of Appearance Mon 05/22 4:52 PM
NOTICE of Appearance by Kimberly Elizabeth Leefatt on behalf of NATURAL RESOURCES DEFENSE COUNCIL, INC. (Leefatt, Kimberly)
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utility Set/Reset Deadlines Mon 05/22 10:13 AM
Set/Reset Deadlines: Defendant's answer due by 6/23/2023. (hmc)
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Friday, May 19, 2023
order Order on Motion for Extension of Time to Answer Fri 05/19 4:08 PM
MINUTE ORDER (paperless) GRANTING defendants'8 Unopposed Motion for Extension of Time and DIRECTING defendants to file their answer or otherwise respond to plaintiff's1 Complaint by June 23, 2023. Signed by Judge Beryl A. Howell on May 19, 2023. (lcbah1)
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Thursday, May 18, 2023
8 8 motion Extension of Time to File Answer Thu 05/18 5:05 PM
Unopposed MOTION for Extension of Time to File Answer re1 Complaint, by JANET COIT, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, GINA M. RAIMONDO.(Brown, Mark)
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Att: 1 Text of Proposed Order
Thursday, April 13, 2023
7 7 service Electronic Summons Issued as to AUSA,USAG Thu 04/13 4:08 PM
SUMMONS (6) Issued Electronically as to JANET COIT, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, GINA M. RAIMONDO, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zed)
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Wednesday, April 12, 2023
6 6 cmp Request for Summons to Issue Wed 04/12 3:36 PM
REQUEST FOR SUMMONS TO ISSUE Corrected request for summons to issue by NATURAL RESOURCES DEFENSE COUNCIL, INC. re1 Complaint, filed by NATURAL RESOURCES DEFENSE COUNCIL, INC.. Related document:1 Complaint, filed by NATURAL RESOURCES DEFENSE COUNCIL, INC..(Desormeau, Katherine)
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Att: 1 Request for summons to issue,
Att: 2 Request for summons to issue,
Att: 3 Request for summons to issue,
Att: 4 Request for summons to issue,
Att: 5 Request for summons to issue
notice Notice of QC- New Case Wed 04/12 3:14 PM
NOTICE OF ERROR re1 Complaint; emailed to kdesormeau@nrdc.org, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. https://www.dcd.uscourts.gov/new-case-forms (16 USC 1855(3)(A) ) (cb, )
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Tuesday, April 11, 2023
5 5 order Standing Order Tue 04/11 6:01 PM
STANDING ORDER. Signed by Judge Beryl A. Howell on April 11, 2023. (lcbah1)
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4 4 service Electronic Summons Issued as to AUSA,USAG Tue 04/11 11:18 AM
SUMMONS (6) Issued Electronically as to JANET COIT, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, GINA M. RAIMONDO, U.S. Attorney and U.S. Attorney General(zcb)
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Att: 1 Notice and Consent
utility Case Assigned/Reassigned Tue 04/11 11:09 AM
Case Assigned to Judge Beryl A. Howell. (zcb)
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order Order on Motion for Leave to Appear Pro Hac Vice Tue 04/11 5:12 PM
MINUTE ORDER (paperless) GRANTING plaintiff's3 Motion for Molly Masterton to Appear Pro Hac Vice . Ms. Masterton may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) [LINK:Click for instructions] . Signed by Judge Beryl A. Howell on April 11, 2023. (lcbah1)
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Monday, April 10, 2023
3 3 motion Appear Pro Hac Vice Mon 04/10 7:07 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Molly Masterton, Filing fee $ 100, receipt number ADCDC-9989001. Fee Status: Fee Paid. by NATURAL RESOURCES DEFENSE COUNCIL, INC..(Desormeau, Katherine)
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Att: 1 Declaration,
Att: 2 Exhibit,
Att: 3 Text of Proposed Order
2 2 notice LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests Mon 04/10 7:02 PM
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATURAL RESOURCES DEFENSE COUNCIL, INC. (Desormeau, Katherine)
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1 1 28 pgs cmp Complaint Mon 04/10 6:57 PM
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9988985) filed by NATURAL RESOURCES DEFENSE COUNCIL, INC..(Desormeau, Katherine)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons,
Att: 3 Summons,
Att: 4 Summons,
Att: 5 Summons,
Att: 6 Summons,
Att: 7 Summons